Flight delay and cancellation compensation, Thomas Cook ONLY

bgwuser

J_B wrote: »

I know of a couple of folks who were and have also heard from someone else (from on this site)
We were waiting in Paphos for the plane to arrive :mad:

Thanks JB -I have sent a PM to Julie74 as we were on this flight. To update -TC have fined us off with EC but failed to disclose exactly what the EC was so we have referred it to CAA and are waiting (since mid Dec) for their response. Gather they are swamped with claims.

bgwuser

julie72 wrote: »

i was on flight TCX2026 FROM MAnchester to paphos on 16th october 2012 me and 4 daughters were delayed for nearly 8 hrs due to tecnical problems did complain in november but had no replydidnt no until yesterday that we couid claim compensation as first time abroad and thought delays were exspected.have emailed them today but dont hold out much hope of reply as didnt get one in november,if i dont hear anything what can i do next?thanks:rotfl:was anyone else on that flight?if so let me no if you complained and got reply

Julie74 - we were on this flight and I have sent you PM. To update -TC have fobbed us off with EC but failed to disclose exactly what the EC was so we have referred it to CAA and are waiting (since mid Dec) for their response. Gather they are swamped with claims. Julie, you need to send TC a formal claim letter (as templated on this site) to start the process. TC are very unlikely to pay anyone who has not bothered to go through the correct procedure.

chili2001

TC are playing the long game and trying to fob everyone off with this EC rubbish,although they may have grounds in some cases.I read one post who was trying to claim compensation where a man had died on the plane mid flight so had to turn around! If that's not EC I don't know what is.
They are hoping that people will just give up, or they find another law loophole to avoid paying up.
I say lets not give them the chance. Give them 14 days from the first template letter and if no satisfactory response and explanation of what the EC was, then an immediate LETTER BEFORE ACTION with another 14 day deadline (complaint to CAA at same time) and make it clear that court action will follow straight after with no further correspondence and another 28 day holding letter from them will be ignored. We are under no legal obligation to play their waiting games.
But we all have to mean it. If you say you are going to file court papers at a certain time then do it!
If they are inundated with countless small claims then they are going to find it very hard (and expensive) to deal with all of them and file a defence, so many people will end up winning by default hopefully.

Mark2spark

chili2001 wrote: »

I imagine it would achieve a lot if it went to court. Don't you?

That's the bit that was missing. I see.
IMO it's an overcomplication of matters, having to get afidavits from other passengers showing a raft of different reasons, the possibility of these other passengers being called to court as witnesses' too.
But not to be dismissed either.
Just not worth adjusting the focus from the matter in hand IMHO.

doz123

I Have just received this from TC

***
I write further to your recentcorrespondence and I am sorry that you remain unhappy with the response youhave received so far from our Customer Relations Team.

Unfortunately Mrs ***, We arenot able to provide you with the answers to the questions raised in yourcorrespondence detailing the cause of the breakdown as this is a private matterto be addressed by Thomas Cook

The cause of the breakdown couldnot have been foreseen prior to your aircraft departing and for that reason, weclass this flight delay as an ‘extraordinary circumstance’ and no compensationwould be applicable.

We, as Thomas Cook, stand by ourdecision and should you wish to pursue this matter further, I would thereforesuggest that this is done through more formal channels.

I thank you once again for takingthe time to contact Customer Relations and whilst I appreciate yourdisappointment at present, I hope that Thomas Cook may be of assistance to youin the future.
***

Can I just ask if I take TC to Court how much does it cost, and also if I lose because TC reveal EC's that are relevant do I have to pay all their costs thanks for any help.

blondmark

doz123 wrote: »

I Have just received this from TC

***
I write further to your recentcorrespondence and I am sorry that you remain unhappy with the response youhave received so far from our Customer Relations Team.

Unfortunately Mrs ***, We arenot able to provide you with the answers to the questions raised in yourcorrespondence detailing the cause of the breakdown as this is a private matterto be addressed by Thomas Cook

The cause of the breakdown couldnot have been foreseen prior to your aircraft departing and for that reason, weclass this flight delay as an ‘extraordinary circumstance’ and no compensationwould be applicable.

We, as Thomas Cook, stand by ourdecision and should you wish to pursue this matter further, I would thereforesuggest that this is done through more formal channels.

I thank you once again for takingthe time to contact Customer Relations and whilst I appreciate yourdisappointment at present, I hope that Thomas Cook may be of assistance to youin the future.
***

Can I just ask if I take TC to Court how much does it cost, and also if I lose because TC reveal EC's that are relevant do I have to pay all their costs thanks for any help.

Oh that made me laugh ... They won't reveal the defence to your claim because it's private?! Haha! You couldn't make it up! Is that what they plan to tell the judge? :rotfl:

Here's what claims cost to issue:

Court Issued Claim
up to £300 - £35
£300.01 - £500 - £50
£500.01 - £1,000 - £70
£1,000.01 - £1,500 - £80
£1,500.01 - £3,000 - £95

Money Claim Online claims are about a tenner cheaper.

In the small claims track, costs are not normally allowable so if you were to lose, you wouldn't be paying their costs on top of losing your court fees. If you win, TC will pay all your court fees, and may well be ordered to pay some extra costs as a sanction for unreasonably refusing to disclose details of their defence. (You point this out to the judge and mention that "they breached the Practice Direction on Pre-action Conduct".)

Good luck with your claim.

pandaspot

Hi 3 weeks ago I sent a letter re: a flight delayed for 7 hours from fuertenventura to cardiff in 2009. I gave them 14 days to respond. I have not yet received any response. What are my next steps? My letter was sent recorded delivery 1st class

blondmark

pandaspot wrote: »

Hi 3 weeks ago I sent a letter re: a flight delayed for 7 hours from fuertenventura to cardiff in 2009. I gave them 14 days to respond. I have not yet received any response. What are my next steps? My letter was sent recorded delivery 1st class

Warn them of court action in 14 days and sue immediately thereafter. There are templates for this throughout the delayed flight forums.

pandaspot

Ok, i will have a look for the templates and send one off

flossy15

hello i sent the template letter off to thomas cook about two weeks ago and have not recieved a reply shall i wait a bit longer? also ive read that some of you have phoned thomas cook could you please send me the number you called please. I sent my letter to the peterborough address is this the right address? thankyou .